If you encounter a car accident in Texas, one thing that you have to remember is that the person who caused the accident is the one who is liable to you. You can go after the erring driver to seek compensation for whatever damage, loss, or injury you experienced because of the accident. This rule applies because Texas is an at-fault state in the United States that recognizes the liability of the person who caused the accident. As an at-fault state, Texas law dictates that the erring driver shall answer for the medical bills, hospitalization, and the estimated value of the emotional trauma resulting from the accident. The insurance of that erring driver shall pay all the losses suffered by the victim.
Effects of Car Accidents in Texas
Car accidents in Texas cause a lot of trouble to the parties involved. Car accidents lead to serious physical injuries and damage to property, depending on the impact of the collision. If you need to be confined at the hospital for further medical treatment or examination, it will affect your work as you have to miss work during the days of your confinement.
Aside from having to worry about your health condition, piling medical bills will also give you a headache. However, you must remember that if you are not the one who caused the accident, the insurance company of the other driver shall pay for all of your medical expenses, including the daily admission rate in a hospital. You may also worry about your car that was wrecked because of the accident. In the same way, the insurance company of the driver who is at fault shall be responsible for repairing your vehicle or replacing it if ever your car is wrecked.
You now have an idea of what law is applicable if you were not the one who was negligent in a car accident. You do not have to worry about your medical bills and the repair costs of the damaged vehicle. You have all the right to go after the erring driver who caused you all those troubles. However, is your right to file a lawsuit against the driver or the insurance company available forever? The answer is no. This right expires after a lapse of a specific period. We call this limitation the Statute of Limitations for car accidents in Texas.
Statute of Limitations for Car Accident Cases in Texas
The Statute of Limitations for car accident cases provides a specific period in which you can file a lawsuit after a car accident. The period provided is two years counted from the cause of action. Therefore, when you encounter a car accident, it would be best to contact a car accident lawyer in Houston immediately so that you will have guidance on what you should do.
The Statute of Limitations safeguards against altering evidence in car accident cases. You must file a claim or a lawsuit within that period to preserve the evidence’s integrity. This rule also gives both parties peace of mind to settle the dispute the soonest time possible. Thus, the law requires you to act as soon as possible and not wait until the period lapses. Otherwise, your right to file a case is barred forever.
In Texas, if you fail to file your claim within the time limit, it is presumed by law that you are not interested in demanding compensation after the accident. The law mandates that you file your claim within two years from the cause of action or date of the accident. It is essential to put this in mind. Otherwise, if you do not know this rule, you might forfeit your right to seek a monetary award for all the losses you suffered in the car accident. You might regret this, so it is better to be sure about the law than suffer the consequences of not acting on time.
Act as Soon as Possible in Filing a Claim After a Car Accident
After a car accident in Texas, you shall act as soon as possible. Do not wait until the period expires and regret that you missed the deadline. Call a car accident lawyer in Houston to help you file a claim against the insurance company or a lawsuit against the other driver. Move fast so that you have all the time to prepare the necessary documents and gather all the evidence you need to support your claim.
It would help if you had a car accident lawyer who handles car accident cases in Texas. The car accident lawyer in Houston shall be competent to do the job and diligent in attending to your issues. Since a timeframe is involved in filing car accident claims or cases, you need a lawyer to help you go through the process quickly and efficiently.
Knowledge about the Law in Texas Helps You Consider Your Options
There are many ways by which you can demand compensation against the appropriate parties after a car accident in Texas. Your lawyer will discuss these options with you. The lawyer will explain to you what options are available so that you can successfully file an insurance claim or a lawsuit against the negligent driver. Talk to your lawyer immediately so that you will have enough time to think about your options. Should you file a case directly with the insurance company? Is there a need for you to file a lawsuit against the negligent driver?
Knowledge of Texas laws will help you understand the process you must follow in seeking justice for what happened to you. Your attorney will be your guide in this matter. Be honest when you are unfamiliar with certain laws so the attorney can help you understand the legal consequences and steps to take after a car accident. When you do not ask questions, the lawyer might presume that you already know the law that applies to your situation.
Basic Steps in Filing a Car Accident Claim in Texas
The first step you should take after a car accident is to call the police in the area so that they can conduct an immediate investigation following the car accident. This follows, of course, the presumption that no one was seriously injured. Otherwise, calling an ambulance will be the first step.
When the police are called, they will immediately go to the scene of the accident and investigate to determine who was the negligent driver. The police will issue a report on that matter. You shall then contact your insurance company and narrate the incident. They will ask you to complete forms to apply for an insurance claim. The insurance company may also offer towing services for your wrecked vehicle when necessary and included in the insurance coverage.
This insurance company will check the police report to identify whose insurance company is liable. The negligent driver’s insurance company shall be primarily accountable to the car accident victim. However, there may be times when the insurance company does not rely on the police report alone. They will send their personnel to assess the situation and identify what losses will be compensable.
There is no guarantee that the insurance company will approve an insurance claim immediately. Several procedures need to be undertaken for a claim to prosper. There may also be several documents that shall be attached to the claim to prove the grounds of the claim. Since filing a claim is tedious, it is best to hire an attorney to do this for you.
Lawyers at O’Hara Law Firm Have Years of Experience Handling Car Accident Cases
Lawyers at O’Hara Law Firm have the necessary legal background coupled with years of experience to handle car accident cases diligently. In choosing an attorney, you shall also inquire about the background and competence of the firm with whom you want to engage. Lawyers at O’Hara Law Firm have been in the legal industry for many years. The firm has served hundreds of clients successfully through the years, taking into consideration the best interests of the client.
It is essential that right after a car accident, you will call O’Hara Law Firm through the hotlines so that the staff will refer you to the handling lawyer. The handling lawyer will prepare all the necessary documents and check all the evidence to help you in your case. Lawyers at O’Hara Law Firm care for your well-being and ensure that the outcome of the case will be as much as possible favorable to you.
You do not only need a good lawyer but a great one. Lawyers at O’Hara Law Firm will help you start immediately on everything you need to prepare to succeed in your legal objectives. Lawyers at the firm are willing to assist you in filing a claim against the insurance company or a lawsuit against the negligent driver, who shall pay for their recklessness. Rest assured that lawyers at the firm value your privacy with the utmost respect. Everything that will be discussed during the engagement will be treated as confidential.
Call us immediately at 281-919-2073 if you need legal help.